P.M. DUMBHARE AND OTHERS Vs. DIRECTOR OF PUBLIC HEALTH MAHARASHTRA STATE, POONA

JUDGEMENT

(1.) This judgment shall dispose of Special Civil Applications Nos. 1078 and 1079 and 1080 of 1969. The three petitioners who have filed these petitions held temporary employment as Malaria Surveillance Workers in an anti-malarial scheme which was a part of the National Malaria Eradication programme. They were all working in Bhandara district under the Malaria Officer, National Malaria Eradication Unit Bhandara. Their duty was to search out patients suffering from fever, take out blood for inspection from suspected patients, give treatment to the patients, go from house to house to enquire into the disease, maintain records, send reports and were required to perform other clerical and manual duties. It is not disputed that each of these workers had given a specific undertaking that his appointment was purely temporary and that his services were liable to he terminated without any notice and without any reason being assigned. Accordingly the services of all the petitioners were terminated. The services of P.M. Dumbhare, petitioner in Special Civil Application No. 1078 of 1969, were terminated by an order passed on 4-10-1966 and since this order was served on the petitioner on 17-2-1967, the termination was to be effective from 17-3-1967. The services of Anna Zagaduji Khandare, petitioner in Special Civil Application No. 1079 of 1969, were terminated by a notice given on 3-5-1967 and the services of N.K. Madvi, petitioner in Special Civil Application No. 1080 of 1969, were terminated by a notice dated 31-3-1967. Each one of these notices stated that the services were to stand terminated after one month from the date of the issue of the order. Each one of these petitioners then filed an application under Sec. 78-D of the Bombay Industrial Relations Act, 1946, alleging that the order of termination was not passed bona fide and that it was really in the nature of victimisation because the Malaria Officer did not approve of the Trade Union activities of the petitioners. It was also alleged that no charge-sheet was ever served nor was any enquiry made and since the junior employees working in the same cadre were retained, the termination amounted to retrenchment which was brought about without complying with the provisions of Chapter V of the Industrial Act, 1947.

(2.) The defence of the State to these applications was that the department itself was temporary and the appointments of the petitioners were also temporary. The charge of victimisation was denied and it was alleged that the termination is in terms of the contract entered into between the parties at the time of the appointment. It is also alleged on behalf of the State that the activity of malaria eradication was not undertaken with the intention of making any profit, but was to relieve the suffering of mankind and was a philanthrophic activity and not an industry, and therefore, the applications were not maintainable.

(3.) The Labour Court held that the department in which the employees were working was an industry and consequently the applications were maintainable. The Court also held that the termination orders were not passed in the bona fide exercise of the power of the employer and that the termination orders were, therefore, illegal. Before the Labour Court reliance was placed on the decision of the Supreme Court in Madras Gymkhana Club Employees Union Vs. Gymkhana Club, A.I.R. 1968 SC 554 , but the Labour Court held that all the features of industry were existing in the activity of Malaria Eradication and that the State was rendering material services to the community at large, and therefore, the department was an industry within the meaning of Bombay Industrial Relations Act. The termination of the services of all the 3 petitioners was, therefore, held to be illegal and improper and the State was directed to reinstate them with full back wages from the date of the termination to the date of their reinstatement at the rate at which they were paid respectively at the time of their termination.